Presumption of Innocence
by CaroH
Summary: Deeks is shot and accused of murder. It is up to the team to clear his name.
1. Chapter 1

**Presumption of Innocence**

**Chapter One**

Despite all her years of training and experience as an NCIS agent, Kensi couldn't control the feeling of blind panic at hearing her partner had been shot. The journey to the hospital through early morning traffic was frustratingly slow. She sounded her car horn to encourage a slower moving car to get out of her way. The next delay came at a red light. She gripped the steering wheel and concentrated on slowing the rhythm of her breathing. The traffic began to move and she executed a left turn across the path of two lanes of vehicles not caring that she had forced drivers to brake abruptly. She sped away from the sound of blaring horns, shattering the speed limit in her rush to reach the hospital.

Callen and Sam would be following her. She hadn't waited for them, leaving Ops as soon as they received the news. All she knew was that Deeks had just come out of surgery and was in life-threatening condition. There was no information about the shooting and nothing to explain why it had taken so long to call Hetty despite her being listed as next-of-kin. Kensi swerved round a bus which had indicated an intention to stop. She found herself facing oncoming traffic and wrenched the wheel to return her car to its own side of the road. The shock of that near miss washed over her and she moderated her speed.

Five minutes later she turned onto the hospital grounds, slammed on the brakes and parked at the front of the building. Sub-consciously she was aware that it was a tow-away zone, but that didn't matter to her. She got out of the car and ran inside. There was only one person working at the information desk and she was on the telephone.

"Martin Deeks," Kensi said, cutting across the woman's conversation. "He was brought in last night with gunshot wounds. Where can I find him?"

"I will be with you in a minute." The woman continued with her call while Kensi impatiently drummed her fingers on the counter top. It felt like an eternity before the call ended. "What was the name?" she asked Kensi.

"Deeks."

"Let me see." She typed the name into her computer. "He's in ICU. Room 320."

"Thank you." Kensi headed for the stairs, dodging around anyone in her path. This brought back so many bad memories; Callen's shooting, Deeks being shot to draw her out, Renko dying and Dom... She increased her speed.

The third floor hallway led to the ICU. She pushed open the door leading to the Unit and approached the nurses' station. "I'm looking for Marty Deeks," she said.

The young nurse looked at her sympathetically. "Are you a family member?"

"I'm with NCIS. We work together."

"I can only give information to his family."

"He doesn't have any family. Our boss is listed as his next-of-kin. Her name is Henrietta Lange. She received a call telling her that he'd been admitted. I'm here on her behalf. Please, I need to know how he is."

The nurse consulted a file. "Miss Lange is named as his emergency contact." She gave Kensi a friendly smile. "Alright, but I can't tell you much. You'll have to wait to speak to the doctor. Mr. Deeks was shot twice in the chest. Emergency surgery has stabilized him although it's too soon to give a prognosis."

Kensi stifled a gasp. "Can I see him?"

"He isn't allowed visitors. If it was up to me I'd let you in for a few minutes, but the police gave instructions that only medical staff can enter the room."

"Is he still in some kind of danger?" Kensi asked.

"They left someone on duty outside his room. I don't know why. He's just down the hallway on the right." She looked around to make sure no-one was listening. "As you're in law enforcement I can't see any harm in you going to talk to the officer."

"Thanks." Kensi forced herself to walk at a normal pace. A uniformed police officer was sitting on a chair outside Deeks' room. He watched her warily, standing up as she approached.

"Can I help you with something?" he asked.

Kensi pulled out her badge and showed him her ID. "NCIS. Deeks is my partner. What's going on?"

"He's in custody."

She stared at the officer, her brain refusing to process that ridiculous statement. Before she could think of anything to say she heard Callen calling her name. She turned to see Callen and Sam approaching.

"How is he?" Callen asked.

"I don't know. He's...he's under arrest."

Callen's eyebrows shot up. "Okay. Let me handle this. Sam, take Kensi over there." He pointed to a small waiting area.

"No," Kensi protested.

Sam took hold of her arm gently. "Come on. Callen'll sort it out."

Callen waited until she was out of earshot before flashing his badge. "Special Agent Callen, NCIS."

"Jamieson."

"Officer Jamieson, Marty Deeks is a member of my team." He gestured toward Kensi. "She's his partner. All we know is that he's been shot and is in critical condition. She's not going to leave until she sees him so why don't you tell me what's going on. I'd hate to have to get my Operations Manager to call your Captain."

Jamieson glared at Callen while he weighed his options. "Alright. He's a suspect in a homicide."

"Who is he supposed to have killed?"

"If you want to know any more you'll have to speak to Lt. Mayer in Homicide."

"I'll do that. In the meantime why don't you let her in to see him? I doubt if he's a flight risk," he said with more than a hint of sarcasm. "How would you feel if it was your partner?"

Jamieson looked down the hall to where Kensi was pacing back and forth. "She leaves her gun with me."

"Agreed. Kensi," Callen called. "Officer Jamieson has agreed to let you in to see Deeks." He held out his hand. "Gun."

Kensi drew her gun and handed it to Callen. "What's going on?"

"I'm not sure yet. Go and check on Deeks. I'll call Hetty."

She opened the door slowly, terrified of what she would see. The room was dimly lit with the window blinds closed. She took a couple of steps inside and closed the door. The only sound came from the monitor and her first impression was of a tangle of wires and tubes. A few more steps brought her to his bedside. His face was ashen and his eyes which usually sparkled with mischief were tightly closed. Thick bandages encased his upper body, making it hard to see the shallow rise and fall of his chest. Only the monotonous beeping of the machine proved that he was alive. She reached down to touch his hand, almost recoiling at the cold clammy feel of his skin.

"What happened?" she whispered. She closed her eyes to hold back the moisture that was threatening to overflow. "Don't you dare die. You hear me? I can't lose another partner."

NCISLA

"Thanks, Hetty. Tell Eric to send the address to our phones." Callen disconnected the call.

"Well?" Sam asked impatiently.

"The police were called to an apartment in Hollywood just after three this morning. It was an anonymous 911 call to report the sounds of an argument and woman screaming. They didn't get an answer so they broke down the door. According to the preliminary report they found Deeks kneeling beside a woman who'd had her throat slashed. They called on him to surrender, he threatened them with the knife and they shot him in self-defence."

"That makes no sense."

"I know."

"What was Deeks working on?"

"Since LAPD called him back two weeks ago he's been undercover on a vice operation. So far they won't share any information. Hetty's applying pressure. We have the address but no grounds to claim jurisdiction."

"Deeks is one of ours," Sam stated. "Jurisdiction or not, we need to check this out."

"I agree. Hopefully by the time we get there Hetty will have made sure that the police cooperate."

"Why did it take them so long to call us?"

"Good question." Callen walked back to Officer Jamieson. "Tell Agent Blye that we had to leave. We'll call her later. Come on, Sam."

"Are we leaving without finding out how he is?"

"No. We'll track down a doctor before we go." Callen stared off into the distance. "This smells all wrong, Sam."

"You think someone betrayed him?"

"Maybe, but why set him up? It would have been easier to kill him if he was getting too close to something."

"Agent Callen?" A young doctor walked up to them and offered his hand. "I'm Dr. Trevor Morrison. Mr. Deeks is under my care. I understand from Miss Lange that I can give you details about his condition."

"We'd appreciate anything you can tell us. Our colleague, Agent Blye is with him. I think he'd like to see a friendly face when he wakes up."

"I have no objection to her staying with him although the police might take a different view. I tried to tell them that a twenty-four hour a day guard was unnecessary but they were insistent. They are anxious to interview him."

"Interrogate him more like," Sam growled.

"That won't happen while he's my patient; I can assure you of that."

"How bad is it?" Callen asked.

"He was shot twice at close range. Both bullets lodged in his chest. One nicked his right lung causing it to collapse. He was very fortunate that no other major organs were hit. He lost a significant amount of blood before the EMTs arrived on the scene. His blood pressure was dangerously low and we weren't sure he would survive the surgery to remove the bullets."

"He's tougher than he looks," Sam said.

"That's true. He coded twice on the table. The second time it was touch and go but we brought him back. He's heavily sedated and I don't expect him to wake up for another few hours. We'll need to run some tests to make sure that his brain wasn't affected by the lack of oxygen. If he gets through the next forty-eight hours I am cautiously optimistic that he will make a full recovery."

"Thank you, Doctor." Callen's eyes narrowed in thought. "When he was brought in did you do any blood work?"

"It's routine to take samples. Why?"

"Just wondering. Can you ask the lab to run a full spectrum of tests?"

"It would help if you told me what you're looking for."

"I don't know yet. Maybe nothing."

"I will see what I can do. Please excuse me, gentlemen. I have other patients to look after."

Sam waited until the doctor walked away. "You think he was drugged?"

"Someone killed the woman and I can't see Deeks letting that happen without a fight. Hetty told me that he had no injuries except the gunshot wounds which suggest that he was unconscious." Callen sighed in frustration. "It's useless to speculate. I think it's time to visit the crime scene and see what we can get from LAPD."

Tbc

Caroline

December, 2012


	2. Chapter 2

I am overwhelmed by the reviews and alerts for this story. Thanks to the reviewer who also sent a very interesting story idea. I would be very happy to see how I can use this little 'plot bunny' in my next story. Thanks to my beta and Happy New Year.

**Presumption of Innocence**

**Chapter Two**

It didn't take long for Kensi's eyes to adjust to the reduced lighting. After a while she even became accustomed to the noise from the monitor. The settled as comfortably as she could on the hard chair and leaned forward, her intent gaze never leaving her partner's face. It felt like she and Deeks were cocooned from everything around them. The work of the hospital continued out of sight, not intruding upon their solitude.

Her thoughts drifted randomly. They had been partners for two years and in that time she had seen every facet of his character. Her first impressions had not been favorable. Deeks was irritating, self-obsessed and not the slightest bit modest about his abilities. She had not been happy when told to partner with him. Then he'd returned to LAPD and, much to her surprise, she missed his inane prattle. When he rejoined the team after they had feared he'd been killed, she took the time to delve behind the superficial face he presented to the world.

It was then that she had realized that his constant chatter was a defence mechanism. He wanted people to underestimate him so that he could worm his way into their confidence without betraying his own strengths. Once you got past his charming but often annoying exterior it was a different story. He was brave, loyal and deeply committed to his job. He also had an undeniable talent for undercover work.

Their partnership had blossomed although she still wasn't sure how to characterize their relationship. He flirted shamelessly with her...and with every other attractive woman he met. She was never sure if his advances were serious or designed to tie her in knots. Even so she enjoyed the teasing and most of the time felt comfortable in his company.

There was an undeniable spark between them which had the potential to blossom into something more. Both had shied away from that. She was afraid they would lose what they had if they crossed that invisible boundary. Deeks, she knew, had been in at least one relationship with a previous partner and she sensed it had made him wary. Her track record with men, and a fear of commitment, didn't bode well for a successful transition from partners to lovers.

His breathing remained shallow. She found she was mirroring the pattern and had to force herself to breathe normally. The silence became uncomfortable. "What happened, Deeks?" she asked quietly. "Who shot you? Was it connected to a case or something random? Why are you under arrest? You need to wake up and tell me what's going on. We'll all do whatever is necessary to help you. Please open your eyes," she begged.

There were too many questions and no answers which added to her fear and frustration. She looked at her watch, realizing for the first time that it had been almost an hour since she last saw Callen and Sam. She bit her bottom lip and considered leaving the room to see if she could find out where they were. Two things stopped her. She couldn't be sure that the police officer would allow her to return and she couldn't bring herself to leave her partner's side.

Kensi pulled out her phone and sent a message to Callen. The response came almost immediately. 'Following a lead. Will call soon.'

The door opened and she heard people talking in the hallway. She caught a glimpse of Officer Jamieson's unfriendly face before a young doctor walked in followed by the nurse she had spoken with earlier.

"Agent Blye. I'm Doctor Morrison. I operated on Mr. Deeks when he was admitted."

"What can you tell me about his condition?" Kensi fell back on her training, trying to stay detached and professional.

"We were able to remove the bullets. There was a lot of internal bleeding and trauma. It will be easier to assess his condition once he wakes up. For the moment though his readings are stable, which is encouraging. He is still listed as being in critical condition so don't be surprised if he drifts in and out of consciousness. Don't try to force him to communicate. He needs to rest in a stress free environment and that means he shouldn't be encouraged to relive the shooting."

"I understand."

"The nurse will continue to check his condition. If you have a concern about anything press the call button."

"Thank you, Doctor."

Shortly after the medical staff left the room she felt her phone vibrating. She noted the caller ID before answering. "Hetty. I was expecting to hear from Callen."

"He is checking out the scene of the shooting. How is Mr. Deeks?"

"Still unconscious. What's going on, Hetty? Who shot him? Why is he under arrest?"

"I'm afraid that one of his colleagues in the Police Department shot him."

"What?" Kensi said, louder than she had intended. She glanced quickly at the bed but there was no sign that Deeks had heard her.

"So far as we can tell he was working a case. He was with a woman at her apartment. We have no information about her – not even her name. Someone called the police and when they arrived she was dead. They assumed Mr. Deeks had killed her. It appears he reacted violently, leaving the officers with no option other than to shoot him."

"Deeks wouldn't hurt anyone except in self-defence," Kensi stated with absolute certainty.

"I agree. We are still trying to find out who the woman is, what he was working on and how she connects to the case. Unfortunately Homicide isn't willing to share that information."

"They've already tried and convicted him," Kensi said bitterly. "What happened to the presumption of innocence? How can we help him if we're locked out of the investigation?"

"That is the point. They don't want us interfering and I don't yet know what they feel they need to hide. They seem to forget that we have significant resources. You have my word that we will take all necessary measures to make sure that the truth comes to light."

"I wish there was something I could do to help."

"You are doing exactly the right thing. If, as we suspect, he was targeted, he could still be at risk. The police are only interested in keeping custody of their suspect. They won't be watching for an external threat."

"I won't leave him," Kensi promised.

"I will arrange for some extra unobtrusive security. You can't be with him twenty-four hours a day. Right now I'm needed here but I will join you as soon as I can."

Kensi ended the call, anger at the police mingling with renewed concern for her partner.

NCISLA

"Next turn on the left then third right," Callen instructed after consulting the GPS on his phone.

"Any word from Hetty?" Sam asked, taking the corner at speed.

"Not yet."

"She'll come through," Sam said with complete confidence. "She's as determined as a mama bear when someone threatens one of her cubs."

Callen shot him a quizzical look. "Have you been watching the National Geographic channel again?"

"There's nothing wrong with that. It's educational." Sam made the final turn and pulled up at the side of the road.

"What's educational about watching one animal hunting down and killing another animal?"

"Survival of the fittest."

"I'd rather be the fastest with a gun."

"That's cheating."

"No, that's showing common sense. Why run yourself into the ground when you can just shoot whatever it is you're chasing?"

"You have no appreciation of the beauty and complexity of the animal kingdom."

"That's not true. I appreciate a nice steak or a thick slice of bacon...with sausage and eggs," Callen replied.

"I don't know why I bother trying to have a sensible conversation with you."

"You like the challenge." Callen's phone rang. "It's Hetty." He answered the call and put it on speaker. "Give us some good news."

"I wish I could, Mr. Callen. We have instructions not to interfere in the police investigation. Apparently there is a concern that our involvement might compromise an ongoing operation."

"Who gave those instructions?"

"Assistant Director Granger."

Sam frowned. The team had an unpredictable relationship with Granger. He had come through for them more than once, but often he was an arrogant bastard. None of their previous attempts to keep him in the dark had ended well. "I don't like this, Hetty."

"Neither do I, Mr. Hanna. That's why this conversation never happened."

Callen raised one eyebrow in surprise. "You're not telling us to stand down?"

"Would you listen if I did?"

"Probably not," Callen admitted. "Have you spoken to Kensi?"

"Yes. I have briefed her."

"How is she?" Sam asked.

"Extremely angry. She's not convinced that there will be a proper examination of the evidence. From their perspective this is a straightforward case with the culprit apprehended at the scene of the crime."

"He made a lot of enemies in his career," Callen mused, "but he's a good cop. There have to be some people within the Force who would push for a thorough investigation."

"His loyalty to the Police Department will undoubtedly have come into question when he accepted the liaison position," Hetty said. "It's a pity no-one has thought to question the reason he chose not to resign and join NCIS. He would have been welcomed as an Agent."

"You've spoken to him about this?" Callen asked. "He never said anything."

"It was a private matter. Now, it might become relevant which is why I am sharing the information with you."

"How is he?" Sam asked. "The doctor seemed hopeful."

"No change."

"What do you want us to do?" Callen asked.

"Make a nuisance of yourselves. Find out everything you can."

"What happens if they complain to Granger?" Callen was sensibly wary.

"I think it would be better if you stayed under the Assistant Director's radar, or at least out of his reach."

"Understood."

"Good luck, gentlemen."

Callen and Sam exchanged a worried look. "We're operating without Agency sanction," Sam said.

"It won't be the first time."

"No, it won't. How do you want to handle this?"

Callen looked at the expensive apartment complex which was now a crime scene. The area was crowded with police cars, forensic teams and interested spectators. "I'll try to get inside and talk to Lt. Mayer. You work on the people outside the building. There are enough news teams and onlookers around and information spreads quickly. Anything could help us, even if it's just rumour and speculation."

"Alright. Don't get yourself arrested for impeding a police investigation," Sam warned, only half-joking. "I don't want to have to bail your ass out of a holding cell."

"If I get arrested and Granger finds out I don't think bail will be an option," Callen said gloomily. "See you back here in an hour."

Tbc

Caroline

December, 2012


	3. Chapter 3

Thanks to my beta. Reviews welcome.

**Presumption of Innocence**

**Chapter Three**

Callen's badge and air of complete self-confidence bought him safe passage as far as the front door. The plain clothes detective barring his way looked less impressed. He was in his thirties and clearly intent upon boosting his reputation by standing up to a Federal Agent. Callen had no tolerance for that on a good day and this was a long way from being a good day. Even with twenty years as an operative Callen found it almost impossible to hide his anger and frustration. This was personal and any impulse to be diplomatic had disappeared.

"We were told to expect you, Agent Callen," the detective said, standing his ground.

"I want to see Lt. Mayer."

"He's busy."

"Busy pinning a murder on a member of my team," Callen snarled.

The detective flushed angrily. "Watch your mouth."

"Or what?" Callen asked insolently.

An older man walked up to them. "Alright, Groves. I'll deal with this."

Groves backed off reluctantly and Callen studied the newcomer. He appeared to be in his late forties, no more than five foot eight with thinning brown hair and a world-weary expression. Despite that he had an air of competence about him that Callen could respect.

"Ron Mayer," the man said. "I assume you're Special Agent Callen. You know we've been ordered not to share information with you?"

"Yes."

"I'm sorry about Deeks. How is he?"

Callen hadn't expected to find any concern for his injured team member. The sincerity of Mayer's words caused his anger to diminish. "You know him?"

"I've worked a few cases with him. He's a good cop." A glimmer of a smile crossed Mayer's face. "He's got a smart mouth though, just like you Agent Callen."

Callen had the feeling that the comment wasn't intended to be provocative. Lt. Mayer was not what he had expected. "If you've worked with him then you know he isn't a murderer."

"Whatever my personal views might be the evidence against him is damning. If he survives he will be charged with first degree murder."

"We can help with the investigation. We have resources that you don't have access to."

"My orders come from high up the food chain." Mayer did not sound happy.

"Why?" Callen asked bluntly.

"I don't know."

"I assume you know why it took so long to notify our boss that he'd been shot."

"The officers who responded to the call didn't know him. He wasn't carrying any LAPD identification and everything he did have on him was in the name of Anthony Lee. He was already en route to the hospital when I was called. Groves ran his ID while I worked the crime scene. When he realized it was all fake he showed it to me. I'm sorry about the delay. I notified the hospital as soon as I saw the photograph on the driver's license."

"Lieutenant," Groves called. "We're wanted back at HQ."

"I'll be there in a minute." Mayer acknowledged before he turned his attention back to Callen. "Do you have someone at the hospital?"

"Yeah, we do."

"I'd advise that they stay there and that you hire a good lawyer. Deeks is going to need one."

Callen gritted his teeth in frustration. "That's it?"

"Do you know what I like to do after a bad day like this?" Mayer asked, seemingly at random. "I like to have a few beers at O'Briens in Santa Monica. D'you know it?"

"Yes."

"I'd recommend it." Mayer took a step away and raised his voice. "I'm sorry I can't help you, Agent Callen. This is a police matter. If you want any more information you will have to put in a formal request."

"I'll be sure to do that," Callen replied frostily. "Thank you for your time."

Groves smirked at him as he walked past and Callen had to remind himself that punching a police officer would be a very bad move.

Sam was waiting by the car. "Anything?"

"The name Deeks was using...and an ally."

"You don't sound too sure about that, G."

"I'm not. What did you find out?"

"The dead woman is Marta Delgado, age twenty-five. She didn't work so gossip is she had a sugar daddy."

That caught Callen's interest. "Name?"

"Not yet. If we find a name we might be closer to finding what Deeks was investigating."

"Eric can check out the ownership of the apartment. That'll give us somewhere to start."

"Did you get inside?"

"No, they had it locked down but I bet there are security cameras in the building."

"The police will have confiscated any surveillance footage," Sam pointed out.

"I know. If we had permission to carry out this investigation we could ask Eric to hack into the police network." Callen couldn't suppress his frustration.

"He'd be putting his job on the line," Sam warned.

"Hetty will protect him."

"I know she will, just like she'll protect us. The question is, who'll protect Hetty?"

NCISLA

Hetty wasn't surprised to see Assistant Director Granger heading in her direction with his face set in its normal frown. "Owen, you're just in time for tea."

Granger dropped heavily into the chair. "Explain to me why I've just had a complaint from the Chief of Police about Agent Callen?"

"Ah." She poured a cup of tea, avoiding making eye contact.

"I told you to call them off."

"I haven't had the opportunity to tell them yet," she lied.

"Bull shit. Don't try to con me, Henrietta. I know you too well."

"Very well. One of my people is lying in the hospital with an uncertain prognosis. He's accused of a murder we both know he didn't commit. How can you expect us to do nothing?"

"Do we know he's innocent? Let me play devil's advocate. He was in the room with a dead body. His prints are all over the knife and he failed to respond to an order to put it down. He didn't identify himself as a police officer or offer any explanation."

"He didn't have a chance before they shot him!"

"How do you know that?"

"Detective Deeks has an outstanding service record. He has been a valuable member of my team for more than two years. He's never shown any inclination toward violence except in pursuit of his job or in defense of his colleagues. The wound inflicted on that poor woman wasn't self-defense. She was brutally murdered and that, Owen, is not in Mr. Deeks' nature."

"I know that."

Hetty raised an eyebrow and waited. She and Granger had a long history, not all of it harmonious, and she knew he was ambitious. Despite all of that he'd put his reputation on the line before for her team. Would he do so again?

"I'm in a difficult position," Granger continued. "There's clearly more to this case than we've been told. But, I won't jeopardize an ongoing undercover operation. Give Callen and Sam some space and tell Eric to follow-up on any leads they uncover. Kensi can question Deeks when he wakes up. Keep this operation 'off the books' but keep me informed and I'll decide how far it goes. At this stage there's no need to involve the Director."

"And the complaint from the police?"

"Tell Callen to stay away from them. Make it look like we've backed off. I trust Eric and Miss Jones can cover everyone's tracks?"

"Of course. Thank you, Owen."

"Save your gratitude. If this blows up in our faces I'll throw you and your operatives to the wolves."

Hetty smiled. "I wouldn't expect anything else."

NCISLA

Kensi's shoulders were starting to hurt. Her muscles were tense from sitting for hours hunched forward watching for any change in Deeks' condition. She stood up and stretched, suppressing a groan, and walked to the window. The sun was no longer shining directly on the glass so she saw no harm in raising the blind. The view was uninspiring. In front lay the parking lot with a continual stream of traffic moving in and out. Occasionally an ambulance would arrive, lights and sirens proclaiming an emergency. To her left was the side of another building with rows of opaque windows. Looking right gave her a glimpse of the freeway. She spared a brief thought for the people in the cars and buses continuing on their journeys without caring about the dramas playing out only yards away.

The faintest sound from the bed drew her immediate attention. Ever since her arrival Deeks had lain perfectly still without any change in expression. Now she could see rapid eye movement under his tightly closed lids. Frown lines appeared on his forehead and his mouth tightened as if he was in pain. The sound from the monitor increased in volume.

"Deeks, can you hear me?" She moved back to the bed, pulled the chair closer and laid her hand gently on his arm. "Do you want me to get the nurse?" There was no reaction and she felt paralysed by indecision. Reasoning that the nurse would respond if the readings from the monitor became worrying, she stayed where she was.

The muscles of Deeks' arm twitched. He began to mumble although she could make no sense of the words. She held her breath, her heart pounding. His eyelids fluttered before opening to give her a glimpse of blue before he grimaced and shut them again.

"Hey, Deeks. It's time to wake up."

"Kensi?" He turned his head toward the sound of her voice. "What are you doing in my bedroom?" he asked hesitantly.

"Only in your dreams," she responded, trying to keep the gut-wrenching emotion from her voice. "You're in hospital...again."

"Huh?" His eyes opened again and he looked at her blearily. "Why?" He sucked in a deep breath. "Shit, that hurts."

"You were shot." All she could see was confusion on his face and she remembered what the doctor had said. "It doesn't matter right now. All that's important is that you're going to be okay."

"Doesn't feel okay," he gasped.

The beeping turned to the scream of a high-pitched alarm. Kensi's eyes widened in fear. Deeks began to shake violently. His eyes rolled up and he collapsed back against the pillow. The door slammed open and the small room became very crowded.

"You need to leave."

Kensi stared at the nurse who had spoken and then realized that she was being edged backwards out of the room. "Code Blue. Doctor Morrison to room 320. Code Blue, room 320." The disembodied voice rang through the speakers in the hallway.

Several nurses hurried down the corridor, towing a crash cart just before Dr. Morrison appeared around a corner, his white coat flapping as he ran toward the room.

"Stay out," he ordered Kensi in a brisk tone.

The door closed and she was left standing in the hallway, helpless to do anything for her partner.

Tbc

Caroline

January 2013


	4. Chapter 4

Thank you to those who are reading and for the reviews.

**Presumption of Innocence**

**Chapter Four**

"Are you sure it's safe for us to be here?" Callen asked Hetty, looking around warily.

"Assistant Director Granger will be in meetings for the rest of the day. He told me that he would not be back until tomorrow morning."

"What else did he say?"

Hetty smiled. "We have come to an understanding. We can investigate covertly. The police are to be led to believe that we have backed down."

"They'll never buy that," Sam said, folding his arms and looking belligerent.

"Probably not, but there won't be any evidence to support their scepticism." Hetty stood up and led them toward the stairs leading to the Ops center. "The Chief of Police lodged a formal complaint against you, Mr. Callen. Consider this a reprimand. For the remainder of the enquiry you will stay away from them."

"That might be difficult," Callen said.

Hetty stopped and turned back, looking up at her lead agent. "Oh?"

"Detective Mayer seems to be a decent guy. He's invited me to a 'off the record' meeting tonight."

"Do you think he is genuinely trying to help us? It could be a set up."

"It doesn't feel like a set up and I've been in that situation often enough to recognize the signs. We don't have much to lose here and I can always walk away."

"Very well. I'll trust your judgement." She began to climb the stairs. "Eric and Nell have been busy working on the information you provided. We should see if they have uncovered anything useful."

"Any news about Deeks?" Sam asked, following his Operations Manager up the stairs.

"Not recently. I propose to join Miss Blye at the hospital once we have finished this briefing."

On entering the Ops center Callen noticed that Nell and Eric were looking very pleased with themselves. "You two look like the cats that caught the canary."

"More like a rat," Eric said. "Deeks was working on a human trafficking case. He was under cover at a law firm, Savage & Savage. With his legal background he was the perfect fit."

"The firm assists asylum seekers with their applications to stay in the US." Nell added.

"Sounds public-spirited," Sam commented.

"It is, but that's not all they're doing. They're suspected of falsifying documents for people brought into the country illegally by this man." Eric pressed a button on his tablet.

Callen looked at the driver's license on the screen. "Yuryevich Olisov. Russian?"

"His parents were Russian. He was born here," Nell said. "We believe that he smuggles people from all over the world into Mexico and then brings them across the border. They pay a small fortune to come here and can never get clear of the debt."

"He owns them," Callen stated in disgust.

"Yes. He has links to organized crime, terrorists and drug cartels."

"An all-round stand-up guy," Sam said sarcastically.

"The police and border services have after him for years. They've made a few low-level arrests which haven't lead anywhere. Either they don't know who is running the show or they're too scared to say anything."

Callen continued to study the photograph. "Does he look familiar to you, Sam?"

Sam frowned. "Yeah, he does. Eric?"

"You and Callen worked a case not long after you became partners. You were after one of the cartels and his name came up but the report doesn't show any evidence against him."

"I remember," Callen said. "We broke up an operation that was dabbling in a lot of illegal activity on both sides of the border. One of the witnesses pointed us toward Olisov. He came up clean." He turned to Hetty. "We missed him," he said furiously, "and now Deeks is in hospital because we didn't nail the bastard."

"Don't be so hard on yourself," Hetty responded. "He has evaded the law for many years and is clearly very good at covering his tracks. What do you have on Marta Delgado, Mr. Beale?"

"Not much. She's Mexican and appears to be here legally. She did some secretarial work at Savage & Savage a few years ago. Maybe she knew something and Deeks was working on earning her trust."

Callen shook his head, still angry with himself. "A secretary wouldn't be able to afford that apartment. Someone was bankrolling her. Did you find out who is listed as the owner?"

"So far we've only identified a holding company. We're still trying to trace it back to the source."

"Let us know as soon as you find anything."

"What about the surveillance tapes from the building?" Sam asked.

"Taken by the police."

"I bet Mayer has watched them," Callen said. "I'll ask him."

"Very well, Mr. Callen, but remember not to push him too hard. We can't risk the police being able to prove that we're still investigating. If that happens, the Assistant Director will shut us down."

"What do we do about Olisov?" Sam asked.

"Nothing for the moment." Hetty held up a hand to stop the protest she could see forming on Callen's lips. "We don't know enough to put someone in his organization and we can't do anything to prejudice the LAPD operation."

"It's already been prejudiced," Callen growled.

"Perhaps. It depends if Miss Delgado's death is related to the case Detective Deeks was working on. This could all be a coincidence."

"I don't believe in coincidences, Hetty, and neither do you," Callen stated vehemently.

The phone rang and Hetty answered it, listening quietly for several minutes. "Thank you, Miss Blye. I will be there as soon as I can."

Callen stared at Hetty's profile, his thoughts flying back to the day when Kensi phoned with news of Renko's death. His mouth went dry and he saw similar concern on the faces of Sam, Nell and Eric. After an uncomfortable pause he cleared his throat. "Hetty? What's wrong?"

NCISLA

After finishing her call to Hetty, Kensi leaned wearily against the wall. The stress of the day was starting to affect her and she needed a few minutes to pull herself together. The uniformed officer continued to glare at her. When she approached the door she thought that he was going to try to stop her but her combative manner clearly discouraged him. She entered the room quietly and returned to her chair. Deeks gave her a wan smile.

"How about you stop scaring the crap out of me?" Kensi said, her aggression hiding her relief. She had been frantic with worry while the medical staff worked on her partner.

"Sorry."

"You should be. Everyone's running around trying to clear your name and you're just lying there taking things easy." Her expression softened. "The doctor said they almost didn't manage to bring you back. Don't do that again, Deeks. I've just got used to having you as my partner."

"We've been partners for almost two years," Deeks said, sweat beading his forehead. "I'm not that hard to get used to."

"You'd be surprised," Kensi said before relenting. "You should rest. We can talk later."

"Now." Deeks reached out and weakly grabbed her wrist.

"Please, Deeks. I promise I'll tell you everything once you're feeling stronger."

He frowned in concentration, trying to chase down a memory. "There was blood. Did I…did I kill someone?" he asked hesitantly.

"No," Kensi stated forcefully.

"I don't remember. Who shot me?"

Kensi gently removed his hand and stood up, walking to the window to give herself time to think. She was terrified of causing another relapse but knew how stubborn her partner could be. She had the feeling he wouldn't let the subject drop and her continued evasion wasn't helping him. She made up her mind and returned to his bedside. "The police."

Shock followed by disbelief left Deeks speechless. He closed his eyes, desperately trying to control his breathing. He could hear the alarm on the monitor starting to rise in volume and began to panic. A soft hand brushing against his cheek helped to calm him. The noise faded away while he took comfort from Kensi's presence. His recollections of the previous twenty-four hours were hazy. He'd been working under cover and had arranged to meet…Who? A woman? Who she was and why he had been with her was information that drifted just out of reach.

"Tell me," he begged. He heard Kensi sigh. She moved her hand leaving him feeling bereft. Almost immediately he felt her hand on his, their fingers intertwining.

"We don't know much," Kensi said. "You were with a woman in her apartment. Someone cut her throat and you've been framed for her murder."

"If I was there, why can't I remember what happened?" He opened his eyes, searching her face for answers.

"We don't know. It's possible you were drugged. The doctor should have the toxicology results soon. When the police arrived they found you holding the knife used to kill her. They say you resisted arrest and they had to shoot you in self-defence."

"I wouldn't…"

"I know. That's why Callen and Sam are out investigating. We'll use all the NCIS resources to clear your name."

"What if you can't? What if I'm guilty?" He turned away, unable to cope with the idea that he could be destined to spend the rest of his life in prison.

Tbc

Caroline

January, 2013


	5. Chapter 5

I need help with the medical aspect of this story. Without a medical background I have no idea how Deeks would progress after the shooting or what treatment he would receive. If anyone can help me with information I would be very grateful to receive a PM.

**Presumption of Innocence**

**Chapter Five**

O'Brien's was a typical Irish pub except that it looked nothing like the pubs Callen had frequented while on assignment in the Irish Republic many years earlier. He walked through the door just after seven and took a minute to look around. The room was dominated by a long dark wooden bar with stools set at intervals along its length. There were a small number of booths and several circular wood tables set haphazardly throughout the room. A huge mirror behind the bar reflected the light and every inch of wall space was covered by Irish themed posters. He gave a wry look at the cardboard shamrocks hanging from the ceiling.

The bar was doing good business even though it was only mid-week. It was an eclectic mix of locals and tourists although he noticed that he was one of the oldest people there. That of itself was deeply depressing. Having assured himself that there were no obvious threats he sat at one of the tables. A waitress made her way over, her smile professional and a little too perky for his present mood.

"Welcome to O'Brien's," she said, handing him a menu. "What can I get you?"

Callen scanned the list of beers. "A pint of Stone IPA."

"Are you waiting for anyone?"

"Maybe."

She looked taken aback by his cryptic response. "Do you want to order any food?"

Callen realized that he was hungry. He hadn't stopped long enough to eat since learning about Deeks' shooting. "Yeah. Give me a minute."

The waitress moved along to the next table and began flirting with a group of young men. Callen could appreciate her shapely legs and nice ass even though he wasn't interested in playing the game. With a resigned sigh he turned his attention to the menu.

When the waitress returned with his drink he ordered the fish tacos. The beer was a rich amber color and he savored the taste. It was tempting to drain the glass except that he was working and Deeks' future might depend upon what he could find out from Mayer. He tuned out the conversations going on around him while he methodically reviewed the results of their investigation. The gaps in the information were a source of frustration. He hoped that he hadn't misjudged the detective and that things would become clearer.

There was still no sign of Mayer by the time his food arrived. Three corn tortillas sat on the plate filled with an unidentifiable white fish in batter topped with shredded lettuce, sour cream and salsa. He took a bite and chewed, tasting cilantro and lemon. It was adequate but not nearly as good as the fare from his favorite food truck. Still, he was hungry enough to appreciate it, washing down the last mouthful with his beer.

He sat for more than an hour and had almost drained his glass before Mayer arrived. The detective had changed out of his suit into a t-shirt and jeans. The casual clothing made him seem younger and more approachable. Callen caught his eye. Mayer walked over to join him, stopping at the bar on his way to order a drink.

"Are you wired?" Callen asked by way of greeting. He watched Mayer's eyes. Unless the detective was an exceptional liar they would give him away.

"No. Are you?"

"I thought about it."

"Are you always this distrustful?"

Callen raised an eyebrow and gave a half-smile as his answer.

"You heard that Deeks woke up?" Mayer asked. "My superiors want me to question him tomorrow." He paused while the waitress delivered two glasses of beer. "It looked like you could use another drink."

Callen nodded his thanks and waited patiently.

"I spoke with his doctor who says it will be at least forty-eight hours before he's stable enough to be interviewed."

"Why are you helping us?" Callen asked bluntly.

"I told you. He's a good cop."

"That's not a good enough reason for you to risk your career."

"You don't know me, Agent Callen. I'm not interested in getting a conviction to boost my reputation. I want to bring the right person to justice."

"Some would say that's naïve."

Mayer's eyes narrowed. "I took an oath and I won't apologize for the way I do my job."

Over the years Callen had become a very good judge of character. Mayer's reaction had been an honest one. If this had been an act he would have protested more vocally. He wouldn't have stated his conviction with such quiet force. "You believe Deeks is innocent?"

"I don't know. He's entitled to the benefit of the doubt though which means I have to be satisfied that there's enough evidence to charge him."

"Alright. So why don't you tell me what you've got?"

"How much do you know about his undercover operation?"

"I know what he was working on. What I don't know is the connection between the victim and Olisov."

"You've been busy."

"Like I said, our resources are the best."

"Yuri Olisov is a respected businessman with friends in all levels of government. Vice has tried to get something on him for years. Every time it looked like there was a break in the case they were told to back off."

"Someone high up is protecting him," Callen said.

"That's what it looks like. Deeks was brought in to work the investigation from a different angle. I don't know what he found because all the files have disappeared and he's been totally discredited because of the murder. Even if he isn't charged the damage has been done and his usefulness is at an end. If his cover wasn't blown before, it has been now."

The bar was becoming more crowded. Callen leaned forward and lowered his voice. "Is there any forensic evidence?"

"Some prints and other DNA. We're waiting for the results. I can tell you that the only prints on the knife belong to Deeks. We still don't know how he and the victim met or why he was in her apartment last night."

"Any sign of a forced entry?"

"That's hard to say. The responding police officers had to break down the door."

Callen almost ground his teeth with frustration. "Convenient. Did you get anything from her phone?"

"Not much. It was damaged. Our techs couldn't retrieve any of the information. We're running a check on her phone logs. The last few calls were to the phone Deeks was using."

"What about the surveillance tapes?"

"They show Deeks and Ms. Delgado arriving at the apartment close to ten thirty. There was nothing unusual about their behaviour although it looks like there was something going on between them. He had his arm around her waist and they got pretty 'friendly' in the elevator."

Callen knew how that worked. It was often easier to get close to a woman and use her to gain the confidence of the target. There has been a few occasions when he'd felt some guilt about the deceit although he had never taken matters further than the woman had wanted to go. Deeks could be charming and personable and Callen could understand how a young woman like Marta Delgado would be impressed. "It could have been a jealous lover," he suggested before brushing off the thought. "This wasn't a crime of passion. It was too well planned."

"There's nothing to suggest that she had a regular boy-friend."

"Someone is paying for the apartment."

"We're working on that."

"Anything else?"

"A few people were seen coming and going around the same time. All have been identified as other residents of the apartment block. Shortly before midnight there was a five-minute power failure."

"You don't find that suspicious?"

"I know my job, Agent Callen. Yes, it was suspicious. We questioned the security guard on the front desk. He said he couldn't identify the cause and didn't think anything more about it when the power came back on so quickly. He also confirmed that anyone entering the building as a visitor has to be signed in. There were no visitors round the time of the blackout."

Callen frowned and had a drink while he considered the implications. "Either the killer lives in the building or was signed in earlier in the evening."

"Unless it was a coincidence and your colleague is the murderer," Mayer suggested mildly.

Callen scowled. "Did anyone leave after the power was restored?"

"A couple of people."

"I need a list of all the occupants of the building and of everyone who visited that day."

"I can't get you that."

"Then we'll get it ourselves," Callen snapped.

"The premises will be clear of police by tomorrow afternoon." Mayer took an envelope out of his pocket and slid it across the table. "This is the name of the security guard who was on duty and a copy of the security tapes for the twenty-four hours leading up to the murder."

It was more than Callen had hoped for. His spirits rose now that he had his hands on some tangible evidence. "Thank you."

Mayer drained his glass and stood up. "Maybe Deeks will be able to fill in some of the gaps. Can I count on you to let me know if you find anything?"

Callen hesitated. "That isn't up to me, but I'll recommend it."

"Good night, Agent Callen."

"Good night." He caught hold of Mayer's sleeve to stop him. "Be careful. If someone is intent on sabotaging your investigation they might take direct action to get you out of the way."

"I appreciate the warning but I can take care of myself."

He watched Mayer leave while already planning his next move. The noise level in the bar continued to increase and he would be glad to get outside. He waited for fifteen minutes before calling the waitress over and settling the bill. Once he reached the street he tapped his comlink.

"Did you get all that, Eric?"

"Got it."

"Good. I'm on my way in." Callen headed back to his car feeling more optimistic than he had a few hours ago.

Tbc

Caroline

January, 2013


	6. Chapter 6

**Presumption of Innocence**

**Chapter Six**

The next time Deeks opened his eyes the sky outside his window was dark. The main lights in his room had been switched off, leaving only the dim night lights in the ceiling to give a small amount of illumination. Now that he was more aware of his surroundings he could feel the discomfort of a chest tube nestled under the bandages. From the scratchy feel of his throat he knew they must have intubated him at some point during his treatment. That was one experience he was glad he couldn't remember. The side rails on the narrow bed thwarted every effort to squirm into a more comfortable position. He turned his head lethargically to watch the liquid dripping from a clear plastic bag into the thin tube which ended at the vein on the back of his right hand. The medication was doing a good job of reducing the pain to a dull ache.

"Try to lie still."

Deeks jerked in surprise when he heard Hetty's voice and hissed when the sudden movement pulled the stitches in his chest. It took a minute to focus his blurred vision on his Operations Manager. There was no sign of Kensi which caused a sharp pang of disappointment even though he knew it was unreasonable and selfish to expect her to sit by his bedside all night.

"How long…" He swallowed a couple of times and ran his tongue over his dry lips. "How long was I asleep?"

Hetty checked her watch. "Close to four hours. I sent Miss Blye home to get some rest. It wasn't easy to persuade her to leave you. You're fortunate to have such a loyal partner."

"I know."

Hetty stood up and straightened out the sheet covering his body. "When I arrived an objectionable young police officer tried to prevent me from seeing you. I had to deal with him rather firmly."

The picture conjured up by that statement made Deeks smile. His levity passed in the next breath. "They'll want to interview me."

"They won't get the chance for the next couple of days. You have a very stubborn doctor who is prepared to defy the entire police department to give you an opportunity to recover your strength."

In his weakened state the relief of knowing that he didn't have to face an immediate interrogation almost brought tears to his eyes. "I don't remember what happened, Hetty," he confessed.

"I'm not surprised. I assume you are familiar with Rohypnol?"

"What?" It wasn't easy extracting information from his memory. Every thought moved with agonizing slowness. "I was roofied? That's embarrassing."

"Mr. Callen suspected that you must have been drugged and asked the doctor to run the full battery of tests. It wouldn't have been detected if they hadn't been looking for it."

"How? Who?" He ground his teeth in frustration at his inability to string together a cohesive sentence.

"We don't know. No trace of the drug was found at the crime scene but it must have been administered there. You were not showing any signs on the surveillance footage that you had been drugged. As you know it acts extremely quickly and thoroughly incapacitates its victim. Your behaviour when the police broke in is consistent with the after effects of that particular narcotic."

"Was there alcohol in my system?"

"There was, but not enough to render you unconscious. An empty bottle of champagne was found at the scene. It was a very expensive vintage."

"The test results will help, right?" His enthusiasm waned quickly. He'd been around the Court system long enough to know how things worked. "They'll say I took the drug voluntarily, lost control and killed her."

"That is the argument a smart District Attorney would use. We are working on a number of other lines of enquiry and we won't stop until we get to the truth and clear your name."

"Thank you. Tell the others…"

"I don't need to tell them, Mr. Deeks. They're doing this because you're a member of the family. Never forget that."

"I know." Deeks' eyes drifted closed. "I want to help but I'm so tired, Hetty."

'There will be time enough to talk tomorrow. Go to sleep, Detective. One of us will always be here to keep you safe."

With that comforting thought, Deeks allowed his battered body to relax.

NCISLA

By eight o'clock the following morning the team, with the exception of Kensi, had gathered in Ops. Callen watched Hetty with undisguised concern. He knew she had spent the night at the hospital and she looked exhausted. Her manner though was as brisk as ever and he suspected she wouldn't thank him for expressing his worries.

"Assistant Director Granger will be here in an hour," she stated. "Mr. Callen. Mr. Hanna. You both need to be gone before he arrives."

"Understood," Callen said. He could see that Eric and Nell weren't looking particularly awake either. They had both stated their intent to stay to analyse the footage from the surveillance tape when he delivered it the previous evening. He had only agreed to go home because he knew that a tired agent was almost invariably a dead agent. He needed to be at the top of his game to untangle this mess. "Did you find anything?"

Eric stifled a yawn. "We pulled up a list of tenants and ran their photographs through facial recognition. We did the same with the surveillance footage."

"And?" Sam asked impatiently.

"We got a hit," Nell said. "Dimitri Agalov."

Callen walked forward to take a close look at the photograph. The man was in his thirties with dark brown hair and brown eyes. With his average build and height he would pass unnoticed in a crowd. "What do we know about him?"

"He's employed by one of Olisov's companies. According to his records he's a computer programmer," Eric replied.

"What's his connection to Marta Delgado?" Sam asked.

"His apartment is on the same floor and they moved in the same day. Both apartments are owned by an Olisov corporation." Nell looked like she was hopped up on caffeine. It would hit her hard when she allowed herself to slow down.

"Could be a coincidence," Callen said even though he didn't believe it. "Does he have a police record?"

"Minor assault charges and a few speeding fines."

"What're you thinking, G?"

"I'm wondering why a computer programmer would live in an expensive apartment owned by his employer."

"I'm afraid we can only speculate about that until we learn more from Mr. Deeks. We have no grounds for a warrant to search the apartment or to bring Mr. Agalov in for questioning."

"Did he show up on the surveillance tape?" Callen asked.

"Yes." Nell ran the footage starting with the arrival of Deeks and Marta. "As you can see Deeks and Ms. Delgado seem to be getting along very well. When they leave the elevator they go into her apartment." She ran the recording forward two minutes. "This is Agalov entering the building a couple of minutes later. He goes to his apartment and there's no sign of him until the police arrive in the early hours of the morning. He comes out of his apartment along with everyone else who lives on that floor after they hear the sound of shots being fired."

Callen shook his head in frustration. "We have nothing we can use. He has no obvious links to terrorism or criminal activity. He isn't on any of the watch lists. If he is the killer how are we going to prove it?"

"He's our only tangible lead so I suggest that you and Mr. Hanna watch him. Find out what he does, where he goes and who he meets."

"We don't have time for this," Callen complained. "We should be finding a way to get someone inside Olisov's operation."

"That isn't an option."

"Then make it one," Callen said heatedly. In the sudden silence he met Hetty's stony stare before breaking eye contact and looking away. "Sorry. I hate feeling this helpless particularly when a member of my team is under threat."

"I understand," Hetty said and her tone was not unkind.

"Can we pass this information to Detective Mayer?" Callen asked. "Maybe he can find something through his access to the building."

Hetty hesitated. "I will discuss that with the Assistant Director. I know you trust him, but I am very much afraid that there is a leak in the Police Department and we don't want to give too much away."

"We should be doing more," Callen said. "We had Olisov in our sights before and let him slip away. I'm not going to let that happen again."

"Try not to do anything rash. We still don't know what the connection is between Ms. Delgado and Olisov. Hopefully Mr. Deeks can help us with that. If you cross the line Granger will have no option other than to shut down this operation."

"He can do what he likes," Callen stated flatly. "We're not giving up until we nail Olisov and prove that Deeks is innocent."

"Damn right," Sam said. "No one gets away with framing one of our people."

"I admire your determination. However you need to remember that the Assistant Director can take your badges and that will not help your colleague."

"We understand, Hetty. Keep digging and send us anything you find. Eric, do we know where Agalov is right now?"

"He left his apartment thirty minutes ago. We've been tracking his vehicle and it looks like he is going to his office. I've sent the address to your phones."

"We'll be in touch." Callen walked out of Ops followed by Sam. When the door slid shut he stopped and turned to his partner. "If Agalov is out of the way what's to stop us taking a look around his apartment?"

"Hetty killing us if she finds out?" Sam suggested. "And you know she'll find out."

"I won't tell her if you don't."

"We'll have to dodge any police who're still at the crime scene," Sam pointed out.

"You know, someone should investigate that power outage," Callen said.

Sam nodded and gave a cold smile as he followed his partner's line of thought. "Yes, they should. Security Company?"

"No. Too difficult to get the credentials. Investigators from the Department of Water and Power. We have the IDs already. With those and a couple of tool boxes no-one will question our right to be there."

Sam looked doubtful. "Hetty keeps the IDs locked up."

"Yeah. Keep an eye out for her while I do something about that."

"You're going to break into Hetty's locked desk? Are you sure you don't have a death wish?"

"It's okay. She'll have to get through you first and that should slow her down for fifteen seconds." Now that he had a plan Callen could feel the adrenaline pumping. He looked critically at Sam, his head tilted to one side. "Come to think of it, I reckon she could take you in ten."

"Very funny."

"Wasn't trying to be funny." With a mischievous grin Callen walked away.

Tbc

Caroline

January, 2013


	7. Presumption of Innocence Chapter 7

Thank you for waiting so patiently for the next chapter and thanks to Lisa for the idea. This chapter is pure indulgence and really doesn't move the story along but I hope you like it.

**Presumption of Innocence**

**Chapter Seven**

"No!" It was hard to sound assertive when lying flat on your back wearing nothing more than a hospital gown. Deeks had the sinking feeling that he just sounded like a whiny teenager.

"Don't be a baby," Kensi said briskly. "You'll feel much better after a bath."

"I can take a shower on my own," Deeks said mutinously.

Kensi looked at him in patent disbelief. "You'd fall flat on your face if you tried to get out of bed. Not to mention the fact you still have a chest tube and are hooked up to half a dozen different monitors."

"I'm not allowing some strange woman to wash me. It's embarrassing."

"They have male nurses," Kensi offered with a smirk.

Deeks shuddered. "That's worse." He sulked silently for a few minutes before an idea struck him prompting a shadow of his usual good humour. "You could do it."

Kensi wrinkled her nose. "Ew, that's inappropriate…and gross. Do I look like your nurse?"

"I can picture you in a nurse's uniform. Come on Kens. I almost died and the police are just waiting to arrest me. I need something to cheer me up." He certainly wasn't lying about that. Since waking up to find his partner by his bedside again his mood had swung from optimistic to pessimistic like a pendulum.

"There's a limit to the things I'm prepared to do and that suggestion crosses the line."

"You're my partner. If you were the one lying here I'd happily give you a bed bath." Although he tried to keep up the light bantering tone, his strength was already waning.

Kensi sensed the change and returned to her seat, leaning forward to rest her hand on his arm. "It really is for your own good."

"Will you stay and hold my hand?" he asked with a hint of his usual mischief.

"I think I'll pass. Hetty promised to update me and then, if you feel strong enough, we should start to try to put some of the pieces together."

There was a tentative knock on the door. When Kensi opened it she found a young nurse struggling to balance a basin of water, a stack of towels, a blanket and half a dozen wash cloths. The police officer stationed outside Deeks' room looked bored and wasn't making any effort to help. Kensi scowled at him on general principle and lifted the basin out of the nurse's hands.

"Let me help," she said.

"Thank you." She smiled brightly at Deeks. "My name is Emma. How are you feeling this morning?"

"Tired," Deeks said. "Why don't you come back later? Or tomorrow."

"Deeks!" Kensi said warningly. "You don't want me to tell Hetty that you're being a bad patient."

"Go ahead. This day can't possibly get any worse."

"I'm afraid you'll have to leave," Emma told Kensi. "We need to respect his privacy."

"There's no damn privacy in a hospital," Deeks muttered.

"I'll be back later," Kensi said. "Have fun."

Deeks' mood plummeted further when Kensi left the room. "Do we really have to do this?"

"It will only take a few minutes and I guarantee you'll feel better afterwards."

He realized that he was clutching the sheet to his chest and made a conscious effort to relax. He watched Emma walk to the window to pull down the blinds and noticed that her uniform couldn't hide a very attractive figure. He quickly reined in his hormones before they could get him into trouble. When she turned round and smiled he could feel the heat rising in his cheeks and other less appropriate places.

"Ready?" she asked.

"Not really."

"The first thing we need to do is undress you. There's no need to be embarrassed. This is my job."

Deeks swallowed convulsively, gave a brief nod and closed his eyes. He felt cool air on his skin when she moved the sheet away from his body and manoeuvred him out of the flimsy gown. Immediately a warm blanket was draped over him. He almost sighed when a damp wash cloth was used to gently cleanse his face. In other circumstances he could imagine enjoying this.

Emma worked quickly and efficiently. His right arm was bathed, followed by his left. The chest area was difficult due to the tubes and bandaging and he shivered when the blanket was removed.

"You're doing great," Emma said soothingly.

She moved to his legs, getting too close to his private parts for comfort. He opened his eyes. "Could I, uh, you know…take care of the rest of it myself?"

"Are you sure?" She handed him a clean cloth. "Don't over exert yourself."

"Not much chance of that." It was an awkward process but he felt a sense of accomplishment once he'd finished.

Emma helped him to put on a fresh hospital gown. "There, that wasn't so bad was it?"

He had to admit it felt good to be clean even if he did now feel genuinely exhausted. "Any chance of getting the chest tube removed?"

"That's up to the doctor. He'll be in to see you soon. Shall I tell your girlfriend she can come back?"

"Kensi? She's not…we're not…She's my partner."

"Oh, sorry. From the way she looks at you and the way the two of you were talking I thought you must be together."

"We're just friends." The familiar empty void appeared when he made that statement. He might wish that there was something more between them but it instinctively he knew it was never going to happen. His eyelids were growing heavy. He burrowed more comfortably under the covers before slipping into a light sleep.

NCISLA

Hetty examined the lock on her desk drawer, noted the faint scratches and tutted to herself. "I thought I had taught him better than that." She picked up her phone and called Eric. "Mr. Beale, where is our target?"

"Agalov arrived at his office twenty minutes ago."

"I see. And, where are Mr. Callen and Mr. Hanna?" She drummed her fingers on the desk while she waited for an answer.

"They seem to be at Ms. Delgado's apartment building." Eric sounded surprised and a little guilty about passing on the information. "Do you want me to call Callen and find out what they're doing?"

"No need. I know exactly what they're doing. Thank you, Eric."

She unlocked the drawer and did a quick check of the stack of ID cards. "Department of Water and Power. Clever. Well, I suppose it was only to be expected." She closed the drawer and sat back. The Assistant Director would be arriving within the next thirty minutes and would want an update on the case. She'd have to be very careful because she was finding it increasingly difficult to keep things from Granger. He had a sixth sense when it came to lies, probably because he was such an accomplished liar himself. She would have to cover for her senior agents and trust them to evade the police because the alternative was unthinkable.

Tbc

Caroline

March 2013


End file.
